Valuers Regulations 1949

Reprint as at 7 August 2020

Coat of Arms of New Zealand

Valuers Regulations 1949

(SR 1949/25)

B C Freyberg, Governor-General

Order in Council

At the Government House at Wellington this 9th day of March 1949

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by Land Information New Zealand.

Pursuant to the Valuers Act 1948, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, doth hereby make the following regulations.

Regulations

1

These regulations may be cited as the Valuers Regulations 1949.

2

These regulations shall come into force on the day following notification thereof in the Gazette.

3 Arrangement of regulations

These regulations are arranged as follows:

  • Part 1

    Preliminary

  • Part 2

    Financial provisions

  • Part 3

    Travelling expenses, allowances, and fees to Board members

  • Part 4

    Registration of valuers

  • Part 4A

    Annual registration fee

  • Part 5

    Annual practising certificates of public valuers

  • Part 6

    Examination of valuers

  • Part 7

    Appeals.

Regulation 3: amended, on 31 October 1991, by regulation 2 of the Valuers Regulations 1949, Amendment No 10 (SR 1991/218).

Part 1 Preliminary

4

In these regulations, unless the context otherwise requires,—

Act means the Valuers Act 1948

Expressions defined in the Act have the meanings so defined.

Part 2 Financial provisions

5 Fees

(1)

The fees set out in Schedule 1 shall be payable to the Registrar in respect of the matters specified in that schedule.

(2)

Every such fee (other than the annual registration fee) shall be payable in advance.

Regulation 5: replaced, on 31 October 1991, by regulation 3 of the Valuers Regulations 1949, Amendment No 10 (SR 1991/218).

5A Fees inclusive of goods and services tax

The fees set out in Schedule 1 are inclusive of goods and services tax under the Goods and Services Tax Act 1985.

Regulation 5A: replaced, on 15 December 1989, by regulation 2 of the Valuers Regulations 1949, Amendment No 9 (SR 1989/386).

6

If any applicant for registration fails to satisfy the Board that he is entitled to be registered, one-half of the fee paid on the application for registration shall be refunded to him on application in writing to the Board.

Regulation 6 proviso: revoked, on 1 December 1971, by regulation 2(3) of the Valuers Regulations 1949, Amendment No 2 (SR 1971/245).

7

The Registrar shall receive all fees, contributions, donations, and other moneys which may become due and payable to the Board, and give a consecutively numbered receipt for the same upon a printed form, retaining a duplicate of that receipt.

8

Within 2 months after the accounts for any year have been audited by the Auditor-General, the Board shall hold a meeting to consider the accounts and the report of the Auditor-General thereon.

Regulation 8: amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).

Part 3 Travelling expenses, allowances, and fees to Board members

9

The Board may pay to any member, not being an officer of the public service, for each day he is travelling or occupied in connection with the business of the Board a fee not exceeding $4.20 for each such day or $4.20 for each meeting.

Regulation 9: amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

10

The maximum fee which may be paid to any member for any one day shall not exceed $4.20, notwithstanding that the member may have attended 1 or more meetings of the Board or of any committee of the Board on that day.

11
[Revoked]

Regulation 11: revoked, on 1 April 1952, by section 10(2) of the Fees and Travelling Allowances Act 1951 (1951 No 79).

12
[Revoked]

Regulation 12: revoked, on 24 May 1950, by regulation 2 of the Valuers Regulations 1949, Amendment No 1 (SR 1950/76).

Part 4 Registration of valuers

13

Application for registration as a valuer shall be made to the Registrar on form VRB—1 in Schedule 2, and shall be accompanied by a correct copy of the application and by the amount of the prescribed fee.

Regulation 13: amended, on 13 December 1968, pursuant to section 2(4) of the Valuers Amendment Act 1968 (1968 No 115).

14

Any notification required by the Act or these regulations to be given to any applicant for registration, whether before or after registration, shall be sufficient if sent by registered-post letter signed by the Registrar addressed to the applicant at the address stated by him in his application or any new address notified as hereinafter provided.

15

Any document submitted with an application for registration may be returned to the applicant by registered-post letter to the address given in the application or to any new address notified as hereinafter provided.

16

Any applicant for registration or any registered valuer may, by writing addressed to the Registrar, notify a new address, and the Registrar shall enter that new address in the Register.

17

The Register of Valuers referred to in section 18 of the Act shall be kept in accordance with form VRB—2 in Schedule 2.

18

The entries in the Register shall be made in the order in which the directions to make the entries given under section 18 of the Act are received by the Registrar.

19

The Registrar shall also keep (either bookwise or by means of a loose-leaf or card system) an alphabetical index of the names of the persons entered in the Register, and the index shall be deemed to be part of the Register.

20

The qualifications by virtue of which a person is registered shall be sufficiently indicated by a reference in abbreviated form to the statutory provision creating the relevant qualification for registration.

21

The direction of the Board referred to in section 24 of the Act shall be sufficient if signed by the chairman or deputy chairman and given pursuant to a resolution of the Board.

22

A direction of the Board to make entries in or remove names from the Register or to erase particulars from the Register, or otherwise to amend the Register, shall be sufficient if signed by the chairman or deputy chairman and given pursuant to a resolution of the Board.

23

A certificate of registration issued under section 25 of the Act shall be in accordance with form VRB—3 in Schedule 2.

24

If the Board is satisfied that any certificate of registration has been lost or destroyed, or if a certificate of registration is damaged or defaced and is surrendered to the Board, the Board may direct that a substituted certificate enfaced with the word “Duplicate” be issued to a registered valuer in lieu thereof on payment of the prescribed fee.

25

A copy of any entry in the Register certified to be such under the signature of the chairman or deputy chairman and the Registrar shall be prima facie evidence of that entry, and a certificate so signed of the absence of an entry in the Register shall be prima facie evidence of the facts stated in that certificate.

26

Any person may on payment of the prescribed fee obtain a copy, certified under the hand of the Registrar, of the particulars entered in the Register in respect of any person.

27

(1)

The name of every person removed from the Register under section 31 of the Act shall be published in the Gazette, and the Board may, if it thinks fit, state the ground for such a removal.

(2)

Such publication shall take place if no appeal is pending, after the time for appeal under section 34 of the Act has expired, or, in case of an appeal, after the decision of the Board of Appeal has been given.

28

(1)

Every certificate of registration and every annual practising certificate issued to any person whose name is removed from the Register as aforesaid shall be returned to the Registrar within 1 month from the date of the publication in the Gazette of the notification aforesaid.

(2)

Every such person who without just cause fails so to return any such certificate commits an offence and shall be liable on conviction to a fine not exceeding $10.

Regulation 28(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Part 4A Annual registration fee

Part 4A: inserted, on 31 October 1991, by regulation 4 of the Valuers Regulations 1949, Amendment No 10 (SR 1991/218).

28A Annual registration fee

(1)

Subject to subclauses (2) and (3), every registered valuer shall pay to the Board an annual registration fee of such amount as is set out in Schedule 1.

(2)

A registered valuer who satisfies the Registrar that he or she has retired from active practice as a valuer, and is not otherwise in paid employment, shall be exempt from payment of the annual registration fee.

(3)

Where, during the course of any year, any registered valuer ceases to be exempt under subclause (2) from payment of the annual registration fee payable in respect of that year, that annual registration fee shall become due and payable immediately that exemption ceases.

Regulation 28A: inserted, on 31 October 1991, by regulation 4 of the Valuers Regulations 1949, Amendment No 10 (SR 1991/218).

Regulation 28A(2): replaced, on 26 November 1992, by regulation 2 of the Valuers Regulations 1949, Amendment No 11 (SR 1992/306).

Part 5 Annual practising certificates of public valuers

29

Application for an annual practising certificate shall be in form VRB—4 set out in Schedule 2. Every annual practising certificate shall be in form VRB—5 in Schedule 2.

30

Any person may, on payment of the fee hereinafter prescribed, obtain a certificate under the hand of the Registrar stating the particulars entered in the annual practising certificate issued to any public valuer.

Part 6 Examination of valuers

31

The Board may from time to time arrange for the holding of examinations in valuation as it may think fit, and may fix the times and places at which examinations shall be held and the dates by which applications for examination must be received.

Regulation 31: amended, on 13 December 1968, pursuant to section 2(4) of the Valuers Amendment Act 1968 (1968 No 115).

32

The subject matter of examinations and the fees payable in respect thereof in any year shall be prescribed from time to time by the Board.

33

The Board shall give due notice by advertisement in the Gazette, and in such newspapers or periodicals, if any, as the Board thinks fit, of the dates and places at which examinations will be held and of the dates by which applications for examination must be received.

34

Every candidate shall make application to the Board by writing under his hand and shall indicate whether he seeks to be examined as a valuer, and shall furnish a postal address to which communications from the Board may be sent to him, and shall pay the fee prescribed by the Board.

Regulation 34: amended, on 13 December 1968, pursuant to section 2(4) of the Valuers Amendment Act 1968 (1968 No 115).

35

The Board may from time to time appoint suitable persons to be examiners and may fix and pay such remuneration to the examiners as the Board thinks fit.

36

The Board may make arrangements for the conduct of examinations, and may employ and pay supervisors and hire examination rooms.

37

The supervisor may require any candidate presenting himself at an examination to furnish proof of his identity.

38

The names of the persons who have passed the examination shall be notified by the Board by advertisement in the Gazette.

39

The Registrar shall in due course send by post to every candidate a notification showing the maximum marks obtainable in every paper or subject taken by the candidate, the marks awarded to the candidate in every such paper or subject, and an intimation as to whether the candidate has passed or has not passed the examination.

40

Except as aforesaid, no information of the result of any examination shall be given by the Board to any person, and no examiner shall disclose the result of any examination or any matter connected therewith except to the Board or as the Board may direct.

41

The Board may arrange with the University of New Zealand or any other institution for the conduct of examinations on behalf of the Board and of all matters incidental thereto.

Part 7 Appeals

42

Of the assessors to be appointed under subsection (2) of section 34 of the Act, one shall be appointed by the Board by resolution duly passed, and the other shall be appointed by the appellant in writing as hereinafter provided.

43

No person shall be capable of acting as an assessor except a valuer duly registered under the Act.

44

If by reason of death, sickness, removal, or any other cause the District Court Judge named as provided by regulation 48 shall be unable to discharge the duties hereinafter referred to, any other District Court Judge may discharge those duties in the place of the District Court Judge so named.

Regulation 44: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

45

If by reason of death, sickness, removal, or any other cause the District Court Judge so named as aforesaid shall not be present at the time and place fixed for the hearing of the appeal, any other District Court Judge for the time being present may act in the place of the District Court Judge so named, and if no other District Court Judge be available, the assessors may from time to time adjourn the hearing of the appeal for such period not exceeding 14 days and to such place as they think fit.

Regulation 45: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

46

If by reason of death, sickness, or any other cause any assessor appointed as aforesaid shall not be present at the time and place fixed for the hearing of the appeal, then the Board or the appellant, as the case may be, shall either at the time of hearing or previously thereto make a fresh appointment of an assessor and give notice in writing thereof forthwith to the District Court Judge and to the other party, and the District Court Judge may adjourn the hearing of the appeal for such time not exceeding 14 days as he thinks fit.

Regulation 46: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

47

Any person wishing to appeal shall give notice in form VRB—5 set out in Schedule 2, and shall specify therein the name of the person whom he appoints to act as assessor on his behalf at the hearing of the appeal, and such assessor shall give in writing his consent to act.

48

Within a period of 21 days after receipt of the notice of appeal the Board shall inform the appellant of the name of the District Court Judge before whom the appeal will be heard and of the assessor appointed by the Board, and shall at the same time forward to that District Court Judge and to the Institute a copy of the Board’s decision and the notice of appeal therefrom, together with a notice of the appointment of an assessor by the Board.

Regulation 48: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

49

Any notice required to be given or document required to be served under this Part may be given or served by registered-post letter, and if sent to an appellant may be addressed as provided by regulation 14 or regulation 16.

50

The District Court Judge shall fix a convenient time and place for the hearing of the appeal, such time to be not more than 42 days after the receipt by the Board of the notice of appeal referred to in regulation 47, and shall cause not less than 7 days’ previous notice of the time and place so fixed to be given to each assessor, the Board, the Institute, and the appellant.

Regulation 50: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

51

The Board of Appeal may, in its discretion, receive any evidence it thinks fit (whether on oath or otherwise), and may act on any statement, document, information, or matter which in the opinion of the Board of Appeal may assist it to deal with the matters before it, whether the same would be legally admissible in a court of law or not.

52

In matters not expressly provided for in the Act or by these regulations, the procedure of the Board of Appeal shall be such as the District Court Judge may determine.

Regulation 52: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

53

The Board of Appeal may from time to time adjourn the hearing or consideration or determination of the appeal as it thinks fit.

54

(1)

At the hearing of the appeal the appellant may himself appear or may be represented by some other person on his behalf, and the Board may be represented by any member thereof appointed by the Board or by some other person appointed by the Board.

(2)

The Institute shall be entitled to be heard on any appeal and may be represented by any member thereof appointed by the Council or by some other person appointed by the Council.

55

If the appellant or his representative fails to appear at the hearing, the Board of Appeal may determine the appeal in his absence on such evidence as is available. If he appears, the evidence shall be taken in his presence or in the presence of his representative, or both.

56

The determination made in respect of an appeal shall be in writing signed by the District Court Judge, and a copy of the determination shall be forwarded by the District Court Judge to the appellant and to the Board and to the Institute, and the Board shall forthwith give effect to that determination. The District Court Judge shall advise the Board whether or not the determination was unanimously arrived at.

Regulation 56: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

57

The costs that may be allowed by the Board of Appeal under section 34(5) of the Act may include allowances to the appellant or officials of the Valuers Registration Board or of the Institute, as the case may be, and to witnesses at a rate not exceeding the scale of allowances to witnesses for the time being in force under the District Courts Act 1947, or any Act for the time being amending or replacing that Act.

Regulation 57: amended, on 1 April 1980, pursuant to section 2(3) of the District Courts Amendment Act 1979 (1979 No 125).

58
[Revoked]

Regulation 58: revoked, on 1 April 1952, by section 10(2) of the Fees and Travelling Allowances Act 1951 (1951 No 79).

Schedule 1 Fees

rr 5, 28A

Schedule 1: replaced, on 1 January 1998, by regulation 2 of the Valuers Amendment Regulations 1997 (SR 1997/313).

$
1On application for registration820.00
2For a certificate of registrationNo charge
3For a duplicate certificate of registration22.50
4For a certified copy of an entry in the Register22.50
5On application for restoration of name to the Register after removal for any reason202.50
6On application for any alteration or addition to an entry in the Register other than the correction of any errors in publication22.50
7For inspection of the RegisterNo charge
8For an annual practising certificate373.00
9Annual registration fee421.00
10For a certificate of the particulars entered on any one annual practising certificate22.50

Schedule 1 item 1: amended, on 1 January 2013, by regulation 4(1) of the Valuers Amendment Regulations 2012 (SR 2012/324).

Schedule 1 item 8: amended, on 1 January 2013, by regulation 4(2) of the Valuers Amendment Regulations 2012 (SR 2012/324).

Schedule 1 item 9: amended, on 1 January 2013, by regulation 4(3) of the Valuers Amendment Regulations 2012 (SR 2012/324).

Schedule 2 Application for registration

Form VRB—1 Application for registration

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Valuers Act 1948

(This form together with a correct copy thereof should be forwarded to the Registrar, Valuers Registration Board, PO Box 3016, Wellington C1, accompanied by the prescribed fee.)

I, [full name], of [fixed postal address and designation of present position or occupation], hereby make application for registration as a valuer under the Valuers Act 1948, by virtue of my qualifications, which include not less than 3 years’ practical experience in New Zealand in the valuing of land (within the 10 years immediately preceding the making of this application [delete where application made under section 19(1) of the Act]).

And I do solemnly and sincerely declare that—

1

I was born on [date] at [place of birth].

2

I seek registration under subsection (1) of section 19 of the Act (or under paragraph [specify] of subsection (2) of section 19 of the Act) [delete words not applicable] and that the qualifications entitling me to such registration are the following: [state full details]. [If application is made under the proviso to subsection (2) of section 19, give particulars of operations in which applicant has had practical experience. State also details of examinations or recognised certificates held.]

 

AcademicEducationalTechnical qualifications

 

 

General and practical experience

[If insufficient space, continue on additional blank page.]

DatePosition heldEmployed withNumber of yearsRemarks

 

 

3

I am (am not) [cross out whichever is not applicable] a financial member of the New Zealand Institute of Valuers.

4

For evidence that I am of good character and reputation, references may be made to the following persons—viz. [state names, addresses, and occupations of not less than 3 persons, one of whom should be a member of the New Zealand Institute of Valuers]. If application is made under the proviso to subsection (2) of section 19, written recommendations should be attached.

5

I am at present in business on my own account as a valuer (or I am employed as a valuer by [name of employer], a person (firm) (company)) engaged in making valuations of land for members of the public (or I am employed by [name of employer] a person (firm) (company) (government department) not engaged in making valuations of land for members of the public [delete words not applicable]).

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Justices of the Peace Act 1927.

Signature of applicant:

Declared at [place, date], before me—

Signature:

Justice of the Peace, solicitor, or other person authorised to take statutory declarations

[30c duty stamp to be affixed here]

Schedule 2 form VRB—1: amended, on 13 December 1968, pursuant to section 2(4) of the Valuers Amendment Act 1968 (1968 No 115).

Form VRB—2 Register of Valuers

r 17

Valuers Act 1948

Registration NoNameAddressQualifications for registrationDate of registrationApplication No

 

 

Form VRB—3 Certificate of registration

r 23

Valuers Act 1948

Registered No:

This is to certify that [name], having satisfied the Valuers Registration Board that he was entitled, pursuant to subsection [number] of section 19 of the Act, to be registered, was on [date], duly registered as a valuer.

Dated at Wellington: [date]

Signature of chairman:

Signature of Registrar:

Note: This certificate remains the property of the Valuers Registration Board, and must be surrendered on demand.

Schedule 2 form VRB—3: amended, on 13 December 1968, pursuant to section 2(4) of the Valuers Amendment Act 1968 (1968 No 115).

Form VRB—4 Application for annual practising certificate

r 29

Valuers Act 1948

(This form is to be forwarded to the Registrar, Valuers Registration Board, PO Box 3016, Wellington)

I, [full name], of [fixed postal address], being a registered valuer and issued with Certificate of Registration No [number], hereby make application under section 35 of the Valuers Act 1948 for an annual practising certificate for the year ending 31 December [year].

I am in practice as a valuer on my own account (or I am employed as a valuer by [name of employer] a person (firm) (company) [delete words not applicable]) engaged in making valuations of land for members of the public.

The prescribed fee of $2.10 is enclosed.

Date:

Signature of registered valuer:

Form VRB—5 Annual practising certificate [specify years]

r 29

Valuers Act 1948

Serial No:

This is to certify that [full name], who, by virtue of his qualifications is a duly registered valuer, is granted under section 35 of the Valuers Act 1948 this practising certificate for the year ending 31 December [year], and is entitled to practise as a public valuer.

Number of registration certificate:

Date of registration:

Qualified under section 19[specify].

Date:

Signature of Registrar:

Schedule 2 form VRB—5: amended, on 13 December 1968, pursuant to section 2(4) of the Valuers Amendment Act 1968 (1968 No 115).

Form VRB—6 Notice of appeal

r 47

Valuers Act 1948

To the Chairman,

Valuers Registration Board,

Valuation Department,

Wellington.

Take notice that I, [full name], of [full postal address and occupation], do hereby appeal under section 34 of the Valuers Act 1948 against the decision of the Valuers Registration Board, conveyed to me by notice from the Registrar dated [date], [insert either “declining my application for registration”, or “removing my name from the Register”, or (set out other decision of Board)].

The following are the grounds upon which I make my appeal: [grounds of appeal].

And I do hereby appoint [full name], of [full postal address and occupation], as my assessor for the purposes of this appeal.

Date:

Place:

Signature of appellant:

I hereby consent to act as an assessor for the purpose of this appeal:

Signature of assessor for appellant:

T J Sherrard,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 10 March 1949.

Valuers Amendment Regulations 2012

(SR 2012/324)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 23rd day of October 2012

Present:
His Excellency the Governor-General in Council

Pursuant to section 44 of the Valuers Act 1948, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Valuers Amendment Regulations 2012.

2 Commencement

These regulations come into force on 1 January 2013.

3 Principal regulations

These regulations amend the Valuers Regulations 1949 (the principal regulations).

5 Savings

(1)

A fee set out in Schedule 1 of the principal regulations that is payable before the commencement of these regulations continues to be payable at the amount set before the commencement of these regulations.

(2)

To avoid doubt, the fee for an annual practising certificate or the annual registration fee payable for 2013 is payable at the amount set after the commencement of these regulations even though the request for the payment of the fees is made before the commencement of these regulations.

Michael Webster,
for Clerk of the Executive Council.

Date of notification in Gazette: 25 October 2012.

Reprints notes
1 General

This is a reprint of the Valuers Regulations 1949 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Public Service Act 2020 (2020 No 40): section 135

Valuers Amendment Regulations 2012 (SR 2012/324)

Criminal Procedure Act 2011 (2011 No 81): section 413

Public Audit Act 2001 (2001 No 10): section 52

Valuers Amendment Regulations 1997 (SR 1997/313)

Valuers Regulations 1949, Amendment No 11 (SR 1992/306)

Valuers Regulations 1949, Amendment No 10 (SR 1991/218)

Valuers Regulations 1949, Amendment No 9 (SR 1989/386)

District Courts Amendment Act 1979 (1979 No 125): sections 2(3), 18(2)

Valuers Regulations 1949, Amendment No 2 (SR 1971/245)

Valuers Amendment Act 1968 (1968 No 115): section 2(4)

Fees and Travelling Allowances Act 1951 (1951 No 79): section 10(2)

Valuers Regulations 1949, Amendment No 1 (SR 1950/76)